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Employee is confused after overtime change

By Harry Wessel
Orlando Sentinel
Monday, May 12, 2008


Q: I was hired a couple of years ago by an engineering firm as an hourly, full-time employee eligible for overtime. As such, I was paid time-and-a-half for my overtime hours.

A while back, I was given a performance evaluation in which I was told my hourly rate was going up. My regular hourly rate did go up, but my first paycheck after the evaluation was less than the previous one, even though I worked the same number of hours.

The reason was that I was now being paid straight time for my overtime hours. When I asked about it, I was told my status had changed to straight time from the date the new hourly rate took effect, "in accordance with the company's personnel policy."

Does my employer have any legal obligation to inform me of the change in my status?

A: No, your employer has no legal obligation to inform you, verbally or in writing, of a change in employment status, said John Finnigan, a Maitland, Fla., labor and employment lawyer.

Your employer does have a legal obligation to classify you correctly, Finnigan said. If your new job responsibilities mean you are now a salaried employee exempt from federal overtime requirements, then your employer must pay you a regular weekly rate. It can pay you extra for your overtime hours, but it doesn't have to.




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